… and reform where necessary: Dublin. Towards a New European Consensus on Migration and Asylum. [ Ссылка ] #eudebates #Migrants #Jobs #workers #Work #Asylum #Labour #refugees #Migration #integration
It is promising that more EU actors are prepared to say that the Dublin system for allocation of responsibility has failed. The Pact could be the launchpad for a meaningful reform process. The proposed Dublin IV Regulation did not address the key flaw of Dublin: the first country of arrival as default for allocation of responsibility – so it is not a good basis for a discussion. However, there are multiple proposals for alternatives to Dublin which involve the deeper overhaul of the system which is needed for eventual and meaningful reform. These have to be on the table if a solution which is fair, sustainable and humane is to be found.
In the meantime, the discretion available to Member States in Dublin III means they can make political choices to implement the Regulation in a more humane and rights-based way, while mitigating difficulties that arise from the disproportionate division of responsibilities embodied in the system. Simply respecting the hierarchy set out in the Regulation would be a step towards improving the situation for refugees in Europe. First, prioritise family reunification. Second, limit transfer requests, especially when they are doomed to fail, leaving people in limbo and tying up judicial resources. Third, use the discretionary (sovereignty and humanitarian) clauses in the interests of refugees and to promote solidarity, through assuming responsibility whenever possible. Other short-term measures can be put in place to deal with the damaging impact of the system, such as relocation and use of EU funding in line with the needs of people arriving.
Expanding pathways to the EU and supporting inclusion through rights
With a focus on making asylum work in Europe, the Pact should also include a large-scale increase in safe and legal channels so that people fleeing persecution, war and conflict or are moving for other reasons are able to reach safety without having to rely on smugglers. A strong focus on inclusion in Europe, through rights, respect and regularisation is as important as getting asylum systems functioning. While “integration” is a national responsibility, there is a role for the EU: the review of the EU Action Plan on the integration of third country nationals is one opportunity; significant, ringfenced funding for inclusion in the next EU budget (MFF 2021-2027) is another. Key rights where the EU specifically could play a role include the right to work, which should include tackling labour market exploitation, and the right to housing for all to address the situations of destitution and homelessness. Addressing the shameful humanitarian crises in Europe, which result from denial of the rights – to housing, to social assistance – of those on the move, would also play a role in addressing public fear related to asylum.
The Process: Developing the Pact
Discussions about the development of policy and legislative proposals should go beyond Ministries of Interior to include all relevant ministries, implementing agencies, and civil society broadly understood, in particular refugees and migrants. We support a formal consultation process that involves NGOs as well as businesses, trade unions, local authorities and academia as called for in a joint NGO letter in January 2020.
A Pact for Europe starts in Europe
The Pact is an opportunity to improve asylum systems in Europe, to greatly expand safe and legal channels, and to mobilise EU support for inclusion. It is a chance for the EU to realise its commitment to the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration by implementing them in Europe. This means focusing on what is happening inside Europe not on continuing efforts to externalise responsibilities, with deals that undermine the rule of law and human rights, the values on which the EU was founded.
[ Ссылка ] #eudebates
